EDUCATIONAL LAWS 



AND 



AMENDMENTS 



PASSED BY THE 



General Assembly of Georgia 



Session of 1910 



M. L. BRITTAIN 
State School Commissioner 



EDUCATIONAL LAWS 



AND 



AMENDMENTS 



PASSED BY THE 



General Assembly of Georgia 



Session of 1910 



M. L, BRITTAIN 

State School Commissioner 



ATLANTA. GA.: 

CHAS. P. BYRD. STATE PRINTER 

1910 



V 






Atlanta, Ga., August 20, 1910. 
To the: County School Commissioner: 

Anticipating your desire for accurate information about the 
educational laws passed recently, I send you herewith complete 
text of those affecting the school of the State. 

Very truly yours, 

M. L. Brittain, 
State School Commissioner. 






TO ENABLE COUNTY BOARDS OF EDUCATION TO 

BORROW MONEY. 

An Act to be entitled an Act to allow County Boards of 
Education to borrow money to pay the salaries of the 
public school teachers of their counties when necessary 
to provide for the handling and payment of the money 
so borrowed, to provide for the keeping records of the 
money so borrowed and for making reports thereof, and 
for other purposes. 

Section 1. Be it enacted by the General Assembly of 
Georgia and it is hereby enacted by the authority of the 
same. That from and after the passage of this Act the 
County Boards of Education of the several counties of this 
State shall have the power and authority whenever they 
deem it necessary, to borrow a sufficient amount of money, 
and no more, to pay the salaries of the teachers in the pub- 
lic schools of their counties; provided, however, That no 
Board of Education shall have the right to borrow money 
to pay the salaries of the public school teachers of said 
county, for any time except the current school year in 
which it is so borrowed. Provided, That no Board of Edu- 
cation shall have authority under this Act to borrow a sum 
of money greater in the aggregate than the sum to which 
the county may be entitled from the public school fund. 

Sec. 2. Be it further enacted that in order for any 
Board of Education to borrow money for the purpose here- 
inbefore stated there shall be passed by said Board a reso- 
lution authorizing said money to be borrowed in which res- 
olution it shall be stated the amount of money to be bor- 
rowed, the length of time the same is to be used, the rate 



of interest to be paid and for what purpose borrowed and 
from whom the same is to be borrowed, which resolution 
shall be by the County School Commissioner recorded on 
the mmutes of the meetings of said Board of Education. 

Sec. 3. Be it further enacted, That no money shall be 
borrowed for any longer time than is necessary and the 
same shall be paid back out of any funds coming into the 
hands of the County School Commissioner that can be 
legally applied to the payment of the same. 

Sec. 4. Be it further enacted, That said Board of Edu- 
cation so borrowing money shall borrow the same at as low 
a rate of interest as possible and they are authorized to pay 
the interest on said money out of the public school fund for 
said county. 

'Sec. 5. Be it further enacted. That at the spring term 
of the Superior Court of each county in this State where 
money has been borrowed by the Board of Education under 
the provisions of this Act, the County School Commissioner, 
shall include in his report to the grand jury the amount of 
money so borrowed during the preceding year, from whom 
borrowed, the rate of interest paid, the date or dates the 
same was borrowed and when paid back. 

Sec. 6. Be it further enacted, That after the resolution 
aforesaid has been passed by any' Board of Education the 
President of the Board of Education together with the 
County School Commissioner shall have the right to exe- 
cute a note or notes in the name of the Board of Educa- 
tion of said county for any money that is authorized to be 
borrowed, under the resolution passed by said Board of 
Education. 



Sec. 7. Be it further enacted, That when any money 
shall be borrowed under the provisions of this Act the same 
shall be paid over to the County School Commissioner and 
become a part of the public school fund of said county and 
the same shall be by the County School Commissioner paid 
out to the teachers of said county and the -County School 
Commissioner shall be responsible for any money borrowed 
under authority of this Act and paid into his hands in the 
same way and to the same extent that he is responsible for 
any other public school funds coming into his hands. 

Sec. 8. Be it further enacted, That all laws and parts 
of laws in conflict with this Act be and the same are hereby 
repealed. 

Approved July 15, 1910. 



TO ALLOW MUNICIPALITIES TO HOLD LOCAL TAX 

ELECTION. 

An Act to be entitled an Act to authorize a certain class of 
municipalities to hold an election to determine the ques- 
tion of local taxation for the support and maintenance 
of public schools, to prescribe the qualification of elec- 
tors for such elections, and for other purposes. 

Section 1. Be it enacted by the General Assembly of 
Georgia, That any municipality authorized by law to estab- 
lish and maintain a system of public schools by local taxa- 
tion, in whole or in part, and which is not now specifically 
authorized to hold an election on the question of local tax- 
ation for school purposes ^^ shall have the right to submit 
the question of local tax for public schools to the qualified 
voters of the municipality. 

Sec. 2. Be it further enacted. That upon petition of 
one-fourth of the qualified voters of such municipality, the 
municipal authorities shall order an election to be held not 
earlier than twenty days and not later than forty days after 
receiving such petition. Notice of such election shall be 
published in a newspaper in the municipality at least once 
a week for two weeks before the election, or, if there be no. 
such newspaper, then notice of such election shall be posted 
in at least three conspicuous places within the municipality 
ten days prior to the election. 

Sec. 3. Be it further enacted. That those favoring local 
taxation for public schools shall have written or printed 
on their ballots ^^For local taxation for public schools,^' 
and those opposed shall have written or printed on their 
ballots ** Against local taxation for public schools. 

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Sec. 4. Be it further enacted, That the returns of such 
election shall be made, and the result declared, as prescribed 
for other elections in and for the municipality. Two-thirds 
of those voting shall be necessary to carry the elections for 
local taxation. An election for the purpose herein named 
shall not be held of tener than once every twelve months. 

Sec. 5. Be it further enacted, That all laws in conflict 
with this Act are hereby repealed. 

Approved August 13, 1910. 



TO ENABLE COUNTY BOARDS OF EDUCATION TO 
FILL UNEXPIRED TERMS OF COUNTY SCHOOL 

COMMISSIONER. 

An Act to be entitled an Act to amend an Act approved 
Aug. 16, 1909, providing for the election of County School 
Commissioners by the people, and for other purposes. 

Section 1. Be it enacted by the General Assembly of 
the State of Georgia, and it is hereby enacted by authority 
of the same, that Section 4 of said Act be amended by strik- 
ing from Section 4 all the words thereof after the word 
**'term'^ in the seventh line and substituting the words *^and 
in such case the provisions of Section 2 hereof shall not 
apply, so that said Section as amended will read as fol- 
lows: Section 4. Be it further enacted by the authority 
aforesaid. That in case of a vacancy caused by death, resig- 
nation, removal from office or from any cause whatsoever 
in the office of County School Commissioner in any county 
of this State, the County Board of Education shall elect a 
County School Commissioner for the unexpired term, and 
in such case the provisions of Section 2 hereof shall not 
apply.'' 

Sec. 2. Be it further enacted. That all laws and parts 
of laws in conflict with this Act be and the same are hereby 
repealed. 

Approved August 15, 1910. 



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PERSONS' CONSTITUTIONAL AMENDMENT TO 
ALLOW TAX FOR HIGH SCHOQLS. 

An Act to be entitled an Act to amend Paragraph 2, Sec- 
tion 6, Article 7, of the Constitution of the State of Geor- 
gia by striking from said Paragraph 2, the following ' ' In 
instructing children in the elementary branches of an 
English education only/* and for other purposes. 

Section 1. Be it enacted by the General Assembly of 
Georgia and it is hereby enacted by authority of the same, 
That Paragraph 2 of Section 6, Article 7 of the Constitu- 
tion of this State be, and the same is hereby amended by 
striking from said Paragraph 2, Section 6, Article 7, the 
following words * ' in instructing children in the elementary 
branches of an English education only/* So that when 
said Paragraph is amended it will read as follows: '^The 
General Assembly shall not have power to delegate to any 
county the right to levy a tax for any purpose, except for 
educational purposes, to build and repair the public build- 
ings and bridges; to maintain and support prisoners; to 
pay jurors and coroners, and for litigation, quarantine, 
roads and expenses of courts ; to support paupers and pay 
debts heretofore existing.*' 

Sec. 2. Be it further enacted, that whenever the above 
proposed amendment to the Constitution shall be agreed 
to by two-thirds of the members elected to each of the two 
Houses of the General Assembly and the same has been 
entered on their Journals with the ayes and nays taken 
thereon, the Governor shall cause said amendment to be 
published in at least two newspapers in each Congressional 
District in this State for the period of two months next pre- 
ceding the time of holding the next general election. 

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Sec. 3. Be it further enacted, That the above proposed 
amendment shall be submitted for ratification or rejection 
to the electors of this State at the next general election to 
be held after publication, as provided in the second Section 
of this Act in the several election districts of this State, at 
which election every person shall be qualified to vote who 
is entitled to vote for members of the General Assembly. 
All persons voting at said election in favor of adopting the 
proposed amendment to the Constitution shall have written 
or printed on their ballots the words : ' ' For amendment 
of Paragraph 2, Section 6, Article 7, permitting counties 
to levy taxes for educational purposes," and all persons 
opposed to the adoption of said amendment shall have writ- 
ten or printed on their ballots the words *^ Opposed to 
amendment of Paragraph 2, Section 6, Article 7, permit- 
ting counties to levy taxes for educational purposes." 

iSec. 4. Be it enacted, That the Governor be and he is 
here^by authorized and directed to provide for the submis- 
sion of the amendment proposed in this Act to a vote of 
the people, as required by the Constitution of this State in 
Paragraph 1 of Section 1 of Article 13, and if ratified the 
Governor shall, when he ascertains such ratification from 
the Secretary of State to whom the returns shall be re- 
ferred, in the manner as in cases of elections of members 
of the General Assembly, to count and ascertain the result, 
issue his proclamation for one insertion in one of the daily 
papers in this State, announcing such result and declaring 
the amendment ratified. 

Sec. 5. Be it further enacted, That all laws and parts 
of laws in conflict with this Act be and the same are hereby 
repealed. 

Approved August 4, 1910. 

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TO ALLOW LOCAL TAX DISTRICTS LAID OFF ACROSS 

COUNTY LINES. 

An Act to be entitled an Act to amend an Act to amend an 
Act entitled ^^An Act to provide for the creation and 
operation of local tax district schools, and for levying 
and collection of local tax by districts or counties for 
educational purposes, for laying off of counties in school 
districts, and for other purposes, '^ approved August 23, 
1905, so as to provide for amending the caption, to pro- 
vide a proper enforcement of the bill and for the elec- 
tion of district trustees, whether local tax is levied and 
collected or not, to provide a correct method of assessing 
and collecting the taxes in local districts, and for other 
purposes, by providing for the laying off of school dis- 
tricts in adjoining counties without regard to county 
lines; to provide for the collection of the school tax in 
such district and for other purposes. 

Section 1. Be it enacted by the General Assembly of 
the State of Georgia, and it is hereby enacted by the author- 
ity of the same, That the Act approved August 21, 1906, 
entitled, ^^An Act to amend an Act entitled, ^An Act to 
provide for the creation and operation of local tax district 
schools, and for levying and collection of local tax by dis- 
tricts or counties for educational purposes, for the laying 
off of counties in school districts, and for other purposes,' 
approved August 23, 1905, so as to provide for amending 
the caption, to provide a proper enforcement of the bill 
and for the laying off of counties into districts of reasona- 
ble size, for the election of district trustees, whether local 
tax is levied and collected or not, to provide a correct 

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method of assessing and collecting the taxes in local dis- 
tricts, and for other purposes/^ be and the same is hereby 
amended by adding after the word * ^ so ' ^ near the middle of 
the 17 line of Sec. 1, of said Act as amended as it appears in 
the published Acts of 1906, on page 66 of said published 
Acts, the following words, to-wit: ^^By concurrent consent 
and action. Boards of Education of two or more adjoining 
counties may lay off and define school districts without 
regard to county lines ; provided, That the Board of Educa- 
tion of the county in which the school house is located shall 
have supervision of same, and provided, That the Ordinary 
of the county in which the school house is located shall 
order the election and provided. That the tax collector of 
each county from which territory has been cut, shall collect 
the school tax levied by the trustees of the school districts 
thus formed in the territory cut from his county, and shall 
pay the same when collected to the authorized officer of 
said board," so that said Section of said Act shall, when 
amended read as follows: ^* Section 1. Be it enacted by 
the General Assembly of Georgia, and it is hereby enacted 
by authority of the same. That within thirty days after the 
'passage of this Act, or as soon thereafter as practicable, it 
shall be the duty of the County Board of Education of each 
county in Georgia, to lay off the county into school dis- 
tricts, the lines of which shall be clearly and positively de- 
fined by boundaries, such as creeks, public roads, land lines, 
district lines or county lines. The school districts thus 
marked out shall contain an area of not less than sixteen 
square miles, and where practicable, shall be so shaped as 
to have the school buildings as near the center as possible, 
and no territory shall be included whose occupants reside 
further than three miles from the school house without writ- 
ten petition of two-thirds of the qualified voters therein; 

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provided f That the board of education may have the right to 
establish districts with areas less than, sixteen square miles 
where there are natural causes or local conditions that make 
it necessary to do so. By con<?urrent consent and action, 
boards of education of two or more adjoining counties may 
lay off and define school districts without regard to county 
lines ; provided^ That the Board of Education of the county 
in which the school house is located shall have supervision 
of same, and provided, That the Ordinary of the county in 
which the school house is located shall order the election 
and provided. That the tax collector of each county from 
which territory has been cut, shall collect the school tax 
levied by the trustees of the school district thus formed in 
the territory cut from his county, and shall pay the same 
when collected to the authorized officer of said board. The 
natural causes which will permit the creation of smaller dis- 
tricts are mountains, streams over which there are no 
bridges, and dangerous roads. Local conditions which will 
permit the creation of small districts must be determined 
by the Board of Education. ^^In counties having incor- 
porated towns, now levying a local tax for educational pur- 
poses and operating a public school system under their 
town charter or special Act of the Legislature, the county 
Board of Education, with the consent of the municipal au- 
thorities, may create a school district larger than the incor- 
porated limits of the town by adding adjacent territory not 
already included in the incorporated limits, and the dis- 
trict thus marked out shall become a school district upon 
the vote of the people as hereinafter provided, but such 
school district, including incorporated towns, having a pop- 
ulation of four thousand or more, shall be and remain un- 
der the exclusive supervision and direction of the school 
boards of the previously chartered schools in said class of 

13 



incorporated towns and not under supervision of County 
Board of education, and the school boards of such chartered 
schools in incorporated towns shall be trustees of said 
school district under this Act; provided, further, That if 
there be located in such school districts a chartered school 
controlled by a board of stockholders or by directors elected 
by them, the management and control of said chartered 
school shall remain in them, and they shall have all the 
rights and privileges of this Act to collect local taxes as 
hereinafter provided in this Act, and to receive their share 
of the State public school fund. A map of the county thus 
laid off, plainly outlining the boundaries of the school dis- 
trict with full description thereof, shall be filed with the 
Ordinary within forty days after the passage of this Act, 
or as soon thereafter as practicable, and the boundaries of 
said school districts shall not be altered any oftener than 
two years. The County Board of Education, in laying off 
the county, shall disregard any school districts embracing 
territory not included in incorporated towns heretofore 
created by special Act of the Legislature. The failure of 
any County Board of Education to comply with the re- 
quirements of this Section within six months after the pas- 
sage of this bill shall operate to annul their commissions, 
and vacancies thus created shall be filled as the law requires 
such vacancies to be filled. ' ' 

Sec. 2. Be it further enacted by the authority afore- 
said, That all laws and parts of laws in conflict with this 
Act be and the same are hereby repealed. 

Approved Aug. 15, 1910. 



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